“If Obama had allowed prosecutions over CIA torture, ‘people like Haspel, quite plausibly, could have gone to prison.’ Instead, she’s going to run the CIA.”

On Tuesday, President Donald Trump nominated Gina Haspel, deputy director the of Central Intelligence Agency, to take over for Mike Pompeo, who will now serve as Secretary of State. (Photo: Speak Freely/ACLU)

Human rights advocates are expressing outrage on Tuesday after President Donald Trump nominated deputy director Gina Haspel—”an actual torturer“—to be the next CIA director despite her leading role in running an agency black site where detainees were systematically and gruesomely abused.

Rather than heeding the warnings from the UN to open up Gaza’s blockade and allow vital aid, what we have witnessed over the course of the last decade is a periodic all-out Israeli assault on Gaza’s vital infrastructure.

Palestinian children fill their bottles with water from a UNICEF tap in Rafah in the southern Gaza Strip. Photo: UNICEF

Near the end of last month, Haaretz reported that, according to an expert hydrologist, 97 percent of Gaza’s drinking water has been contaminated by sewage and salt. The UN also confirmed that this was the case early last year, and clearly, the situation has remained unchanged even up until 2018. Robert Piper, the UN’s local coordinator for humanitarian and development activities, has called the situation “really very serious” and stated that “[w]e are falling far behind the demand for clean drinking water for Gazans.”

This kind of mistreatment is part and parcel of an overall package of deprivation that continues to plague the Palestinian people. There are some 2 million residents in Gaza affected by this egregious policy, famously one of the most densely populated areas on the planet. Gaza’s water resources are fully controlled by Israel and the division of groundwater is something that was provided for in the Oslo II Accord. However, despite the fact that under the Accord Israel is allocated four times the Palestinian portion of water resources, it has been revealed that Israel has been extracting 80 percent more water from the West Bank than it agreed to. Continue reading →

Trove of claims submitted to International Criminal Court alleges crimes committed by various factions since 2003, including Afghan forces, the Taliban, the CIA, and the U.S. military.

A U.S. soldier in Spin Boldak, Afghanistan on Feb. 8, 2015. (Photo: U.S. Army/Capt. Lindsay Roman

International Criminal Court (ICC) judges are weighing over one million statements from Afghans who allege they are victims of war crimes and crimes against humanity committed by actors in the armed conflict there, including Afghan forces, the Taliban, the CIA, and the U.S. military.

The victims began submitting their statements to the ICC judges in late November after ICC prosecutor Fatou Bensouda asked the court for authorization to begin a formal probe of possible war crimes committed in Afghanistan, saying, “there is a reasonable basis to believe that war crimes and crimes against humanity have been committed in connection with the armed conflict in Afghanistan.” The development, said Solomon Sacco, head of international justice at Amnesty International, was “a seminal moment for the ICC.” Continue reading →

The Trump admin is now facing legal challenges demanding the release of details related to the secret kill list and rules which allow for the assassination of American citizens.

On December 22 the American Civil Liberties Union filed a lawsuit against the Trump administration in an attempt to force the release of newly established rules related to the U.S. military’s secret program of killing. The program was established during the Obama Administration and now expanded under Donald Trump. Recent reports from the New York Times (1, 2) allude to the fact that the Trump administration is loosening the already flimsy protections established by the Obama admin. These protections were reportedly put in place to minimize injury and deaths of civilians. Continue reading →

A new report by The Intercept contends that a group of pro-Trump operatives may be attempting to form a paramilitary spy network to oppose the “Deep State” intelligence community. According to their sources, the effort is being led by Blackwater founder Erik Prince and a retired CIA officer. They have received support and assistance from Oliver North. The proposals, which are reportedly being considered by the Trump administration, may create a rogue intelligence apparatus that reports directly to Trump and CIA Director Pompeo — and no one else.

Prince categorically denies the allegations, but a former senior U.S. intelligence official who claims to have firsthand knowledge of the proposals says the network would circumvent the CIA and other intelligence agencies. Continue reading →

“This is a profoundly retrograde step that puts the U.S. way out of line with the international consensus.”

The Pentagon made a decision that “beggars belief,” human rights groups said Friday, when it tossed out its plan to ban certain cluster bombs that leave a large percentage of lethal, unexploded munitions, which pose a significant risk to civilians.

“This is a profoundly retrograde step that puts the U.S. way out of line with the international consensus—cluster munitions are banned by more than 100 countries due to their inherently indiscriminate nature and the risks they pose to civilians,” said Patrick Wilcken, researcher on arms control and human rights at Amnesty International. Continue reading →

A day seen by many Americans as a day of celebration, a day for family, and a day for giving thanks, is perceived by many Native Americans as a day filled with ignorance, a day filled with anger and a day full of mourning.

While millions of Americans prepare this week to get into the holiday spirit, beginning with Thanksgiving, how many are prepared to view the day through an accurate lens? While to many Americans the holiday serves as a reminder to give thanks, it is seen as a day of mourning by countless others. The truth is: European migrants brutally murdered Native Americans, stole their lands, and continue to do so today.

Start by acknowledging that almost everything taught about Thanksgiving in most schools across the country is a lie. Most Americans remember celebrations in elementary school in honor of Thanksgiving that included activities ranging from coloring pages to parades to plays. Everyone knows the drill: The Pilgrims fled Europe before landing on Plymouth Rock. The resident natives taught them how to farm the land, they all sat down for a big meal in 1621, and everyone lived happily ever after in the United States. Continue reading →

U.S. lawmakers brush off questions from Intercept reporter about military support for Saudi-led coalition while blockade continues to cut off starving Yemenis from necessary food aid

Despite warnings about the intensifying humanitarian crisis in war-ravaged Yemen, members of the U.S. Congress dodged questions from an Intercept reporter this week about why lawmakers haven’t voted on U.S. support for the Saudi-led military coalition that is bombing the impoverished country while also imposing a blockade of urgently needed aid.

Lee Fang, a journalist with The Intercept, partnered with NowThis to a produce a video that shows him attempting to question members of Congress on Capitol Hill as part of a report published earlier this week about U.S. support for the war in Yemen and the 2001 Authorization of Use of Military Force (AUMF) that passed Congress after the 9/11 terrorist attacks, and which U.S. President Donald Trump and his predecessors have used to justify military actions around the globe without explicit permission from lawmakers. Continue reading →

This is exactly the type of atrocity that the United Nations vowed to combat in 2005, when it asserted a “responsibility to protect” civilian populations from genocidal violence. Yet, little has been done.

Why has “the responsibility to protect” failed, and can the Rohingya be helped?

Responsibility to protect

The “responsibility to protect” doctrine resulted from the humanitarian catastrophes of the 1990s: Somalia, Bosnia, Kosovo and especially Rwanda. The world struggled to balance respect for state sovereignty with the imperative to prevent the slaughter of civilians. In 2001, the International Commission on Intervention and State Sovereignty issued a reportredefining the problem. It stated that states had primary responsibility to protect their populations. But, if they could not or would not, then that duty could be exercised by the international community.

This concept was affirmed by the United Nations at the 2005 World Summit. However, my research on the origins and implementation of the responsibility to protect has demonstrated that this consensus was superficial. Many states, including the United States and China, gave lip service to a “responsibility to protect,” but were unwilling or unable to implement it. The conditions under which the responsibility to protect could be invoked remain deliberately ambiguous.

Words in action: Libya and Cote d’Ivoire

Despite this tepid support, in 2011, the United Nations authorized two operations in countries where civilians were at risk.

In Cote d’Ivoire, United Nations peacekeeping forces intervened to remove the incumbent president, Laurent Gbagbo, who had lost an election and was using the country’s security force to attack civilians in an attempt to remain in power. U.N. forces helped oversee a political transition and maintain security. This intervention was widely seen at the U.N. as a success.

The other intervention was in Libya, after the country’s leader Muammar Gaddafi threatened to slaughter those who opposed his regime. The intervention – led by Britain, France and the United States – successfully prevented Gaddafi’s slaughter of civilians. But it also led to the collapse of his regime, his murder by rebel forces and continuing conflict in post-Gaddafi Libya.

Failure to protect

Despite humanitarian crises in Syria, Yemen and South Sudan, the responsibility to protect has not been used by the U.N. since 2011 to justify intervention. The Libya case helps to explain this: Once the intervening forces helped overthrow Gaddafi, Russia and China declared that the “responsibility to protect” was merely a pretext for the West to conduct regime change. Those countries have repeatedly vetoed U.N. Security Council resolutions on Syria.

Implementing the “responsibility to protect” faces other challenges as well. One is that an intervention to protect civilians may encounter armed resistance from those who are committing the atrocities, as would likely be the case in Syria. A larger, more capable international military force would be necessary to defeat them. Many states will be deterred by the greater costs and risks of such an intervention.

Another challenge is that states and international organizations have multiple goals and priorities. They may not wish to jeopardize relations with the offending regime, or risk other national interests, in order to stop violence. They may even help the regime that is committing the atrocities, as the Russian government has done in Syria, to advance those interests.

Finally, a successful intervention may lead to a costly commitment to provide long-term security and relief – a “responsibility to rebuild,” so to speak. For most states, these potential costs of intervention far outweigh their willingness to act to save lives.

What can we do for the Rohingya?

All these challenges to implementing the responsibility to protect are evident in the Rohingya case. Myanmar authorities have resisted any international role in the crisis, raising the cost of potential intervention. In any case, other states have little interest in taking action. China is shielding Myanmar from pressure in the U.N. Security Council and is trying to pull Myanmar into its sphere of influence. President Trump has not made Myanmar a priority for American foreign policy. Russia, India and other states prefer to work with the regime to further their own interests in the region.

What can be done, then?

Economic and political sanctions against the Myanmar military are a possibility. But without Chinese participation, they would have limited effectiveness. Sanctions might also lead the Myanmar military to reverse recent democratic reforms in the country.

An alternative would be for the United States and other countries to sharply increase aid to Bangladesh, which is hosting the fleeing Rohingya civilians. They might also consider accepting some Rohingya as refugees. However, this could be problematic given the current debate on refugees in the United States and many other countries.

In the longer term, diplomatic and financial pressure, as well as the possibility of indictment for crimes against humanity, may convince Myanmar’s military leaders to cease the ethnic cleansing and allow some Rohingya to return. Unfortunately, no international cavalry is likely to ride to the Rohingya’s rescue.

When President Donald Trump took office in January, it was unclear whether the bombast from his campaign would translate into an aggressive new strategy against terrorism. At campaign rallies he pledged to “bomb the hell” out of the Islamic State. He openly mused about killing the families of terrorists, a blatant violation of the Geneva Conventions, which prohibits violence against noncombatants.

Ten months into his presidency, a clearer picture is emerging. The data indicate several alarming trends.

According to research from the nonprofit monitoring group Airwars, the first seven months of the Trump administration have already resulted in more civilian deaths than under the entirety of the Obama administration. Airwars reports that under Obama’s leadership, the fight against IS led to approximately 2,300 to 3,400 civilian deaths. Through the first seven months of the Trump administration, they estimate that coalition air strikes have killed between 2,800 and 4,500 civilians.

Researchers also point to another stunning trend – the “frequent killing of entire families in likely coalition airstrikes.” In May, for example, such actions led to the deaths of at least 57 women and 52 children in Iraq and Syria.

The vast increase in civilian deaths is not limited to the anti-IS campaign. In Afghanistan, the U.N. reports a 67 percent increase in civilian deaths from U.S. airstrikes in the first six months of 2017 compared to the first half of 2016.

The key question is: Why? Are these increases due to a change in leadership?

Delegating war to the military

Experts offer several explanations.

One holds that Trump’s “total authorization” for the military to run wars in Afghanistan and against IS has loosened Obama-era restrictions and increased military commanders’ risk tolerance. Micah Zenko of the Council on Foreign Relations notes: “Those closer to the fight are more likely to call in lethal force and are less likely to follow a value-based approach.”

In other words, an intense focus on destroying IS elements may be overriding the competing priority of protecting civilians. Because Trump has scaled back civilian oversight and delegated authority to colonels rather than one-star generals, the likely result is higher casualties.

Urban battlefield?

A second explanation points to the changing nature of the counter-IS campaign. The Pentagon contends that the rise in casualties is “attributable to the change in location” of battlefield operations towards more densely populated urban environments like Mosul and Raqqa.

This is a partial truth. While urban warfare has increased, Trump’s team has substantially escalated air strikes and bombings. According to CENTCOM data, the military has already used 20 percent more missiles and bombs in combined air operations in 2017 than in all of 2016. One notable airstrike in March, for example, killed 105 Iraqi civilians when U.S. forces dropped a 500-pound bomb in order to take out two snipers in Mosul. In fact, a Human Rights Watch analysis of bomb craters in West Mosul estimates that U.S. coalition forces are routinely using larger and less precise bombs – weighing between 500 and 1,000 pounds – than in prior operations. Finally, the urban battlefield explanation also does not account for increased civilian deaths in Afghanistan from airstrikes, where the environment has remained static for several years.

Pressure from the president

A third explanation of higher civilian casualties is that aggressive rhetoric from the president is inadvertently pressuring the military to take more risks and to deprioritize protecting civilians.

As former Assistant Secretary of State Tom Malinowski observes: “If your leaders are emphasizing the high value of Raqqa and Mosul, while saying less about the strategic and moral risks of hurting civilians, it’s going to affect your judgment.” Words matter, especially coming from the commander-in-chief. In the face of such aggressive rhetoric, it should not come as a surprise that military officers feel encouraged – if not indirectly pressured – to take greater risks.

Unfortunately, the increased trend of civilian casualties is unlikely to diminish. In fact, signs abound that the White House is developing a new set of policies and procedures that will authorize more sweeping discretion to the military. In September, The New York Times reported that White House officials were proposing two major rules changes. First, they would expand the scope of “kill missions” and allow for the targeting of lower-level terrorists in addition to high value targets. Second – and more notably – they would suspend high-level vetting of potential drone attacks and raids.

Then, in 2016, Obama issued an executive order on civilian harm that established heightened standards to minimize civilian casualties from military actions, and required the public release of information pertaining to strikes against terrorist targets.

While the latest actions from the Trump administration stop short of reversing Obama-era restraints, they are unsettling steps in the opposite direction. For example, it appears for now that the White House will preserve the “near certainty” standard, which requires commanders to have near certainty that a potential strike will not impact civilians. But this could change over time.

One senior official quoted in The New York Times article bluntly asserts that the latest changes are intended to make much of the “bureaucracy” created by the Obama administration rules “disappear.” As the White House dissolves the existing bureaucracy and relinquishes civilian oversight, Trump is embarking on a slippery slope that will potentially lead to major diminutions of civilian protection.

The current battle to take the Syrian city of Raqqa is emblematic of the stakes at hand. The U.S. is leading a punishing air war to soften IS defenses. In August, U.S. forces dropped 5,775 bombs and missiles onto the city. For context, this represented 10 times more munitions than the U.S. used for the whole of Afghanistan in the same month and year. The resulting civilian toll has been gruesome. At least 433 civilians likely died in Raqqa due to the August bombings, more than double the previous month’s total. Since the assault on Raqqa commenced on June 6, more than 1,000 civilians have been reported killed.

U.N. human rights chief Zeid Ra’ad Al Hussein cautions that the intense bombardment has left civilians caught between IS’s monstrosities and the fierce battle to defeat it. Zeid insists that “civilians must not be sacrificed for the sake of rapid military victories.”

Trump would be wise to heed this warning. Even as U.S. forces continue to turn the tide on IS, the trail of destruction left in the campaign’s wake is unsettling. The specter of massive civilian casualties will remain a rallying point for new terrorist organizations long after anti-IS operations conclude.